SC on Negligence – Accident between Trailer & Truck and safe distance under the Rules of the Road Regulations, 1989
On 19.5.2013, there was collision between trailer insured with Oriental Insurance and the truck insured with Tata AIG.
The cleaner – claimant travelling in the truck suffered grievous injuries.
Regulation 23 of the Rules of the Road Regulations, 1989. Regulation 23 provides that the driver following another vehicle should maintain sufficient distance from the vehicle going in the front to avoid a collision, keeping in mind the possibility of a sudden slowing down or stoppage. The Regulation has to be followed by the drivers on the road failing which it would be deemed to be negligent driving. In this case, the Cleaner of the vehicle who was travelling inside the truck categorically stated that the distance between the two vehicles was only 20 feet. He is a person conversant with road safety norms, we should presume, by virtue of his avocation and he also categorically stated the safe distance to be maintained to avert an accident. The Cleaner deposed to the fact that the distance kept by his driver from the vehicle moving in the front was not adequate and sufficient so as to control the vehicle at the back, if the vehicle at the front abruptly stopped.
We see from the evidence of the claimant that when the trailer applied its brakes, the truck driver also applied his brakes, but was unable to control his vehicle since the truck was travelling at a distance only of 20 feet from the trailer. It was also deposed that if a truck moves at a speed of 30-40 km per hour, then it should maintain a gap of 40-50 feet, to ensure effective control of the vehicle. A suggestion was answered in the affirmative that if the truck had maintained a distance of 40-50 feet, then the accident could have been averted.
Order dated 24.2.2026 of the Supreme Court of India in SLP (Civil) No.14988 of 2023 of Oriental Insurance Company Limited Vs. Tata AIG General Insurance Company Limited and Others
